| Role of the Hearing Officer |
The Hearing Officer shall
· evaluate all evidence presented at the hearing
· determine if the removal of a child from an out of home care
provider is in the child’s best interest
· deliver the Memorandum of Decision within thirty (30) calendar days
of the closing of the hearing record to the:
- parties
- attorneys
- Bureau Chief of Child Welfare Services
- regional office administration and casework staff
- hearings unit file
- licensing file of the out of home care provider.
|
| Standard of Review |
The standard of review in an
administrative hearing is a preponderance of the evidence. The Department shall have the
burden of proof, as it is seeking to make a change in the child’s placement. |
| Contents of Memorandum of Decision |
The memorandum of decision shall contain
· the names of the persons present
· a summary of the positions of the parties
· the provisions of law, regulation and policy applicable to the case
· evidence relied on in making the decision
· findings of fact
· a statement of the reasoning on which the decision is based.
|
| Preliminary Notice of Decision |
If the hearing officer determines that the
child should be removed from the out of home care provider and that it would not be in the
child’s best interest to remain with the provider until the full memorandum of
decision is sent to the parties, a preliminary notice of decision shall be sent to all
parties immediately following the hearing at which time the child may be removed. |
| Additional Recommendations |
Any additional recommendations by the hearing officer
pertaining to follow up actions to be taken by the parties, shall be submitted in separate
correspondence to all parties. |
